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of December 29, 2015 No. 382-FZ

About arbitration (arbitration) in the Russian Federation

(The last edition from 27-12-2018)

Accepted by the State Duma on December 15, 2015

Approved by the Federation Council on December 25, 2015

Chapter 1. General provisions

Article 1. Scope of this Federal Law

1. This Federal Law regulates procedure for education and activities of reference tribunals and permanent arbitration institutions in the territory of the Russian Federation, and also arbitration (arbitration).

2. Part provisions 7.1 articles 7, of articles 39 and 43, of Chapters 9 - the 12th this Federal Law are applied to the organization not only arbitration of internal disputes, but also the international commercial arbitration which place is the Russian Federation.

3. To arbitration (arbitration) disputes between the parties of the civil relations by agreement of the parties can be referred if other is not provided by the Federal Law.

4. By the Federal Law transfer restrictions of separate categories of disputes in arbitration (arbitration) can be set.

5. If this Federal Law does not provide other, it extends as to the arbitration (arbitration) administered by permanent arbitration institution and to the arbitration (arbitration) performed by the reference tribunal formed by the parties for permission of specific dispute.

6. The procedure for consideration of disputes in the field of professional sport and elite sport is established by the Federal Law.

Article 2. The basic concepts used in this Federal Law

For the purposes of this Federal Law the following basic concepts are used:

1) the arbitrator (the arbitration judge) - the physical person elected by the parties or chosen (appointed) in the procedure approved by the parties or established by the Federal Law for the dispute resolution reference tribunal. Activities of arbitrators within arbitration (arbitration) are not entrepreneurial;

2) arbitration (arbitration) - process of the dispute resolution by reference tribunal and decision makings (arbitral decision) by reference tribunal;

3) administration of arbitration - accomplishment of functions by permanent arbitration institution on organizational support of arbitration, including on providing procedures of the choice, appointment or removal of arbitrators, record keeping, the organization of collection and distribution of the arbitration fees, except for directly functions of reference tribunal according to the dispute resolution;

4) arbitration of internal disputes - the arbitration which is not relating to the international commercial arbitration;

5) foreign arbitral organization - the organization created outside the Russian Federation and performing on permanent basis functions on administration of arbitration regardless of whether she is legal entity or is effective without education of the independent legal entity;

6) the international commercial arbitration - arbitration to which the Law of the Russian Federation of July 7, 1993 No. 5338-1 "About the international commercial arbitration" is applied;

7) competent court - the court of the Russian Federation determined according to the procedural legislation of the Russian Federation;

8) committee on appointments - the collegiate organ as a part of at least five people created in permanent arbitration institution, performing functions to destination, to branch and the termination of powers of arbitrators and other functions provided by this Federal Law;

9) permanent arbitration institution - the division of non-profit organization performing on permanent basis functions on administration of arbitration;

10) rules of arbitration - the rules regulating the arbitration including administered by permanent arbitration institution;

11) rules of arbitration of corporate disputes - the rules of permanent arbitration institution regulating arbitration of disputes which are connected with creation of the legal entity in the Russian Federation management of it or participation in the legal entity and which parties are founders, participants, members (further - participants) the legal entity and the legal entity, including disputes over claims of members of the legal entity in connection with legal relationship of the legal entity with the third party if members of the legal entity have right to submission of such claims according to the Federal Law, except for the disputes provided by part 7.1 of article 45 of this Federal Law;

12) rules of permanent arbitration institution - the charters, provisions, regulations containing including rules of arbitration and (or) the rule of accomplishment of separate functions by permanent arbitration institution on administration of the arbitration performed by the reference tribunal formed by the parties for permission of specific dispute;

13) the direct agreement - the agreement which is signed by the parties in the cases provided by part 4 Articles 11, part 3 Articles 13, part of 1 Article 14, part 3 Articles 16, part of 1 Article 27, Article 40, part 2 Articles 41, part 1 of article 47 of this Federal Law and has priority in relation to rules of arbitration;

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